The Gujarat High Court has transferred a matrimonial case from the Family Court in Amreli to the Family Court in Junagadh after considering the wife’s financial difficulties and the burden of travelling approximately 100 kilometres to attend proceedings. Justice D.N. Ray held that the convenience of the weaker party is the primary consideration when deciding a matrimonial transfer application.
Background
Purvaben, wife of Hirenbhai Chaganbhai Solanki, approached the High Court seeking transfer of Family Suit No. 125 of 2025 from Amreli to Junagadh. Her counsel, Yogeshkumar A. Ratanpara, submitted that she had no substantial source of income and was struggling to meet legal fees and travel expenses.
The husband, represented by advocate P.J. Kanabar, opposed the transfer application and requested its dismissal.
Justice Ray referred to the Supreme Court’s ruling in N.C.V. Aishwarya v. A.S. Saravana Karthik Shah and considered Article 15(3) of the Constitution, which permits special provisions for women and children.
The Court observed:
“Matrimonial disputes form a special category of disputes where both the parties suffer through the process of litigation sometimes even more than the malady they were seeking to redress by invoking legal remedies available to them. The legal process very often itself becomes the punishment.”
It stressed that transfer decisions should focus on practical access to justice rather than the merits of allegations between spouses.
The judgment further stated:
“The only test is to be applied is the convenience of the weaker party. While suppression, misdeclaration etc., on the part of the applicant would always have their due weightage before any court of law, the primary ingredient which would influence the decision of the Court would be whether, by transferring a petition from one jurisdiction to the other, the Court has been able to balance the inherent inequality which the party seeking access to legal remedy is faced with.”
The Court concluded that the wife’s circumstances justified transferring the proceedings.
Allowing the application, the Gujarat High Court directed that Family Suit No. 125 of 2025 be transferred from the Family Court, Amreli, to the Family Court, Junagadh, along with all ancillary proceedings.
It also expected the trial court to endeavour to hear related proceedings together, where possible, to avoid repeated trials and conflicting decisions.
Case Details
- Case Title: Purvaben W/o Hirenbhai Solanki D/o Vallabhbhai Vegad v. Hirenbhai Chaganbhai Solanki
- Case Number: R/Misc. Civil Application (For Transfer) No. 742 of 2026
- Judge: Justice D.N. Ray
- Decision Date: October 13, 2026
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